A paraplegic City College student is suing the college for at least $25,000 after breaking his leg while trying to use the toilet.
Paul Nolan, 56, uses a wheelchair after being injured in a car accident at the age of 21. According to court documents, Nolan was on campus May 15, 2004 to submit papers for an online class.
The broken leg restricted Nolan’s mobility, preventing him from taking part in a therapeutic surfing program over the summer.
City College officials declined to comment on the matter but did offer a verbal statement through its Human Resource department.
“This is currently a matter that is in litigation,” said Sue Ehrlich, vice president of Human Resources. “I don’t think it’s appropriate to comment on this. That is the totality of what I want to say at this time.”
Attorney Rick Hardin is representing the college in the case. Hardin was in a Ventura courthouse at press time and unavailable for comment.
Nolan’s Attorney Ronald E. Stronach said he is arguing that the bathroom, located on the ground level of the Business-Communication Center, does not meet standards set forth by the Americans with Disabilities Act.
The injury occurred while Nolan was attempting to shift his weight from the wheelchair to the toilet. While he was caught in midair, Nolan reached for the grab bar and lifted himself from the chair to the toilet seat. In doing so, he caught both his feet in the wheelchair’s footrests where they refused to move, breaking one leg in the process.
Nolan is arguing that the toilet paper roll restricted him from getting a full grip on the bar.
The Channels reviewed both the men and women’s bathrooms and concluded that the toilet paper roll is indeed much closer to the bar in the men’s room than it is in the women’s.
Initially, Nolan believed it was just a sprained ankle, but in a visit to the hospital June 4, 2004, doctors discovered he had a broken leg. Court reports state that the injury has, “compromised his therapeutic standing and the probability that future stem cell research could be material assistance to his otherwise hopelessly chronic condition.”
Facilities Director Julie Hendricks said new or updated buildings must comply with the Division of State Architects most current codes. However, she couldn’t specify which building on campus does meet Americans with Disabilities Act standards.
“The thing is that code always changes,” Hendricks said. “The college tries its best to comply with its limited funds. We try to keep up with the most current standards.”
Stronach said Nolan is in good condition. He also denied the idea that the case is a deep-pocket lawsuit.
“When you have a broken leg it’s about more than fishing for money,” he said. “It seems that way to me.”
Stronach said his client would prefer settling out of court, adding that trials are unfortunate events. Ehrlich had no comment on the matter.
A mandatory settlement conference is set for Jan. 13, 2006. If the case goes to trial the date is set for Feb. 23, 2006.
